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Gonzales v. State

David GONZALES, Appellant, v. the STATE of Texas, Appellee

Gonzales v. State, 515 S.W.2d 920 (Tex. Crim. App. 1974)
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Court
Court of Criminal Appeals of Texas · State Highest Courts
Decided
November 27, 1974
Docket
No. 49187
Judges
Dally
Citations
515 S.W.2d 9201974 Tex. Crim. App. LEXIS 1954

Opinion — Dally

OPINION DALLY, Commissioner.

The conviction is for murder; the punishment, imprisonment for forty years. The appellant complains in two grounds of error that he was tried and sentenced in absentia.

The appellant who was free on bail was present in court during the selection of the jury and entered a plea of not guilty. He failed to appear in court the next morning. The court proceeded with the trial. The jury found appellant guilty. A punishment hearing was held, and the court assessed punishment. The appellant was present in court when he was sentenced. The trial court made an undisputed finding that the appellant had voluntarily absented himself from the trial after he *921 pleaded not guilty to the indictment. When a defendant voluntarily absents himself after entering a plea to the indictment the trial may proceed to its conclusion. Arts. 33.03 and 37.06, Vernon’s Ann.C.C.P. The appellant waived his right to be personally present at the trial. The court did not err in proceeding with the trial. Reed v. State, 172 Tex.Cr.R. 122 , 353 S.W.2d 850 (Tex.Cr.App.1962); Johnston v. State, 477 S.W.2d 891 (Tex.Cr.App.1972); Diaz v. United States, 223 U.S. 442 , 32 S.Ct. 250 , 56 L.Ed. 500 (1912); Taylor v. United States, 414 U.S. 17 , 94 S.Ct. 194 , 38 L.Ed.2d 174 (1973); cf. Rule 43, Fed.Rules Crim.Proc.

The judgment is affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 33 cases

View all citing references →
1977: 11984: 21985: 31987: 11988: 11990: 11992: 11993: 12001: 32003: 22004: 22005: 52014: 12015: 42018: 22024: 12025: 219772026peak 2005 · 5

Relies on it most ⓘ

  1. Louie Papakostas v. State145 S.W.3d 723 (Tex. App.—Edinburg-Corpus Christi 2004)
  2. Edgar Garces Diaz v. StateNo. 13-14-00675-CR (Tex. App.—Edinburg-Corpus Christi Nov. 9, 2015)
  3. Tates v. StateNo. PD-0486-23 (Tex. Crim. App. July 2, 2025)
  4. Miller v. State692 S.W.2d 88 (Tex. Crim. App. 1985)
  5. Kimithi v. State546 S.W.2d 323 (Tex. Crim. App. 1977)
  6. Bottom v. State860 S.W.2d 266 (Tex. App. 1993)

Most recent

  1. Tates v. StateNo. PD-0486-23 (Tex. Crim. App. July 2, 2025)
  2. Tates v. StateNo. PD-0486-23 (Tex. Crim. App. July 2, 2025)
  3. Hughes v. StateNo. PD-0164-22 (Tex. Crim. App. May 22, 2024)
  4. Harlan J Simon v. State554 S.W.3d 257 (Tex. App.—Houston [14th Dist.] 2018)
  5. Harlan J Simon v. StateNo. 14-16-00762-CR (Tex. App.—Houston [14th Dist.] July 19, 2018)
  6. Edgar Garces Diaz v. StateNo. 13-14-00675-CR (Tex. App.—Edinburg-Corpus Christi Nov. 9, 2015)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Diaz v. United States, 223 U.S. 442 (1912) 869
Taylor v. United States, 414 U.S. 17 (1973) 512
Reed v. State, 353 S.W.2d 850 (Tex. Crim. App. 1962) 11
Johnston v. State, 477 S.W.2d 891 (Tex. Crim. App. 1972) 9

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